Bill S3123A-2013

Relates to increasing the tax on alcohol

Relates to increasing the tax on alcohol and provides that one hundred percent of the taxes, interest, penalties and fees collected or received by the commissioner shall be allocated to the general fund.

(e) increases the tax on liquors not more than 24% alcohol from 67 cents per liter to $1.23 per liter, except liquor with not more than 2% of alcohol shall increase 2 cents per liter;

(f) increases the tax on all other liquors from $1.00 to $2.25 per liter.

(h) 100% of the taxes, interest, penalties and fees collected or received by the commissioner shall be allocated to the general fund.

Section 2: amends the tax law by adding a new subdivision to automatically adjust the tax, upward or downward, on July 1st of every year using the consumer price index for all urban consumers (CPI-U) as prepared by the U.S. Department of Labor. The commissioner shall promulgate regulations to specify the methodology to be used to determine the goods and inventory to which the increase shall apply. These regulations shall only apply if such increase is greater than 10%.

Section 3: This act shall take place April 1, 2015 provided however that any rules or regulations necessary to implement the provision this act may be adopted and issued on or after the date this act becomes law. The commissioner of taxation and finance may take any steps necessary to implement this act prior to its effective date.

JUSTIFICATION:

Currently, New York's tax on wine is the second lowest in the nation. Neighboring states have significantly higher rates, Connecticut taxes at 72 cents per gallon and New Jersey at 88 cents. Raising the wine tax in New York to 51 cents per gallon and the beer tax to 24 cents per gallon could yield the state an estimated $65 million annually.

In the current economic climate where the legislature faces difficult choices such as decreasing school aid funding and or eliminating vital services to our communities, we should first consider ways we can increase our revenue.

FISCAL IMPLICATIONS:

Revenue Enhancement. Raising the wine tax in New York to 51 cents per gallon and the beer tax to 24 cents per gallon could yield the state an estimated $65 million annually.

EFFECTIVE DATE:

This act shall tax effect April 1, 2015, provided, however, that any rules ox regulations necessary to implement the provisions of this act may be promulgated and any procedures, forms, or instructions necessary for such implementation may be adopted and issued on ox after the date this act shall have become a law. The, commissioner of taxation and finance may take any steps necessary to implement this act prior to its effective date.

Text

STATE OF NEW YORK
________________________________________________________________________
3123--A
2013-2014 Regular Sessions
IN SENATE
January 30, 2013
___________

Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the tax law, in relation to increasing the tax on alco-
hol
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 1
of section 424 of the tax law, paragraphs (a), (b), (c) and (d) as
amended by section 1 of part X-1 of chapter 57 of the laws of 2009,
paragraph (e) as amended by chapter 190 of the laws of 1990 and para-
graph (f) as amended by chapter 508 of the laws of 1993, are amended and
a new paragraph (h) is added to read as follows:
(a) [Fourteen cents] TWENTY-FOUR CENTS per gallon upon beers;
(b) [Thirty cents] FIFTY-ONE CENTS per gallon upon still wines, except
cider containing more than three and two-tenths per centum of alcohol by
volume, upon which the tax shall be [three and seventy-nine] FOUR
hundredths cents per gallon;
(c) [Thirty cents] FIFTY-ONE CENTS per gallon upon artificially carbo-
nated sparkling wines, except artificially carbonated sparkling cider
containing more than three and two-tenths per centum of alcohol by
volume, upon which the tax shall be [three and seventy-nine] FOUR
hundredths cents per gallon;
(d) [Thirty cents] FIFTY-ONE CENTS per gallon upon natural sparkling
wines, except natural sparkling cider containing more than three and
two-tenths per centum of alcohol by volume, upon which the tax shall be
[three and seventy-nine] FOUR hundredths cents per gallon;

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06986-02-4

S. 3123--A 2

(e) [Sixty-seven] ONE DOLLAR AND TWENTY-THREE cents per liter upon
liquors containing not more than twenty-four per centum of alcohol by
volume except liquors containing not more than two per centum of alcohol
by volume, upon which the tax shall be [one cent] TWO CENTS per liter;
and
(f) [One dollar] TWO DOLLARS and [seventy] TWENTY-SIX cents per liter
upon all other liquors; when sold or used within this state, except when
sold or used under such circumstances that this state is without power
to impose such tax or when sold to the United States and except beers
when sold to or by a voluntary unincorporated organization of the armed
forces of the United States operating a place for the sale of goods
pursuant to regulations promulgated by the appropriate executive agency
of the United States, to the extent provided in such regulations, direc-
tives and policy statements of such an agency applicable to such sales,
and except when sold to professional foreign consuls-general, consuls
and vice-consuls who are nationals of the state appointing them and who
are assigned to foreign consulates in this state, provided that American
consular officers of equal rank who are citizens of the United States
and who exercise their official functions at American consulates in such
foreign country are granted reciprocal exemptions; provided, however,
that the commissioner may permit the sale of alcohol without tax to a
holder of any industrial alcohol permit, alcohol permit or alcohol
distributor's permit, issued by the state liquor authority, and by the
holder of an alcohol distributor's permit, class A, issued by such
authority to a holder of a distiller's license, class B, or a winery
license, issued by such authority and may also permit the use of alcohol
for any purpose other than the production of alcoholic beverages by such
holders without tax; provided also that the commissioner may permit the
sale of cider without tax by a holder of a cider producer's license
issued by the state liquor authority to a holder of a cider producer's
license or a cider wholesaler's license issued by such authority.
(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ONE HUNDRED
PERCENT OF TAXES, INTEREST, PENALTIES AND FEES COLLECTED OR RECEIVED BY
THE COMMISSIONER UNDER PARAGRAPHS (A) THROUGH (F) OF THIS SUBDIVISION
SHALL BE ALLOCATED TO THE GENERAL FUND.
S 2. Section 424 of the tax law is amended by adding a new subdivision
6 to read as follows:
6. THE TAX IMPOSED BY SUBDIVISION ONE OF THIS SECTION SHALL BE
ADJUSTED EFFECTIVE JULY FIRST OF EACH YEAR BY APPLYING TO SUCH TAX AN
UPWARD OR DOWNWARD ADJUSTMENT, AS THE CASE MAY BE, USING AS THE FACTOR
FOR SUCH ADJUSTMENT THE PERCENTAGE AMOUNT BY WHICH THE ALL ITEMS CONSUM-
ER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) AS PREPARED BY THE UNITED
STATES DEPARTMENT OF LABOR FOR THE FIRST CALENDAR QUARTER OF SUCH YEAR
EXCEEDS OR IS LESS THAN SUCH INDEX FOR THE FIRST CALENDAR QUARTER OF THE
PROCEEDING YEAR. THE COMMISSIONER SHALL PROMULGATE REGULATIONS SPECIFY-
ING THE METHODOLOGY TO BE USED TO DETERMINE THE GOODS AND INVENTORY TO
WHICH THE INCREASE SHALL APPLY EFFECTIVE EACH JULY FIRST, EXCEPT THAT,
FOR AN INCREASE IN THE TAX PURSUANT TO THIS SUBDIVISION, SUCH REGU-
LATIONS SHALL APPLY ONLY IF SUCH INCREASE IS GREATER THAN TEN PERCENT.
S 3. This act shall take effect April 1, 2015, provided, however, that
any rules or regulations necessary to implement the provisions of this
act may be promulgated and any procedures, forms, or instructions neces-
sary for such implementation may be adopted and issued on or after the
date this act shall have become a law. The commissioner of taxation and
finance may take any steps necessary to implement this act prior to its
effective date.

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